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(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(3) Persons in the military service of the state or of the United States;

Just thought that I would share an interesting quirk in GA law.

Norm357

11-29-07, 12:23 AM

Here is the opinion of the State AG about this. It's a long but interesting read.

http://www.georgiapacking.org/ga-ag/u97-13.htm

UNOFFICIAL OPINION U97-13

To: Judge May 9, 1997
Probate Court of Houston County

Re: Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit. The exemption is not limited to the performance of military duty. These personnel may, upon request, obtain a firearms permit if otherwise qualified. Their dependents may be issued a permit if otherwise qualified only upon establishing residency in this state. Law enforcement officers are also exempt from the requirement to obtain a permit.

This unofficial opinion is issued in response to the questions you have raised concerning the proper application of O.C.G.A. § 16-11-130 to military and law enforcement personnel. For clarity, I have set forth each of your questions and responded seriatim.

First, you have inquired if active duty military personnel are exempt from the permit requirements. The exemptions are set forth in O.C.G.A. § 16-11-130. I note that this Code Section exempts certain persons from "Code Sections 16-11-126 through 16-11-128." Thus, persons so exempt are exempted not only from the requirement of a permit to carry a firearm (O.C.G.A. § 16-11-128), but are also exempt from the provisions regarding the carrying of concealed weapons (O.C.G.A. § 16-11-126), carrying deadly weapons to or at public gatherings (O.C.G.A. § 16-11-127), and carrying weapons within school safety zones or at school functions (O.C.G.A. § 16-11-127.1) But see O.C.G.A. § 16-11-127.1(c)(3), which appears to limit the exemption to persons actually participating in military training programs.

Under prior versions of this statute, it was clear that the exemption applied only to the performance of official duties. See, e.g., Talley v. State, 129 Ga. App. 479, 481 (1973); 1987 Op. Att'y Gen. U87-28. However, at that time the exemptions applied to these persons while engaged in the pursuit of official duties or when authorized by law. Since that time, the statute has been amended. Official Code of Georgia Annotated § 16-11-130(a) now provides that the exemptions apply to "persons . . . employed in the offices listed below." Persons in the military service of the State of Georgia or of the United States are among those so listed. O.C.G.A. § 16-11-130(a)(3). Thus, it is my unofficial opinion that active duty military personnel are exempt under Georgia law from the requirement for a firearms permit.

Secondly, you have asked if the exemption is limited to the performance of military duties on the base. As noted above, under the current version of the statute, persons so employed are exempt; the statute no longer limits the scope of the exemption to the performance of official duties. Thus, my response to your question is in the negative.

In your third question, you ask if active duty military personnel may, notwithstanding the exemption, apply for and be issued a firearms permit. Permits may be issued only to a resident of this state whose domicile is in the county of application. O.C.G.A. § 16-11-129(a). Generally, military personnel are not residents of Georgia and thus they were not eligible for the permits under a former version of the statute. See 1976 Op. Att'y Gen. U76-71. Under the current statute, however, an active duty member of the armed services who, although not a domiciliary of this state, resides in the county or on a military reservation in the county may nevertheless obtain a firearms permit if otherwise eligible. O.C.G.A. § 16-11-129(a). Thus, it is my unofficial opinion that a member of the armed services may, provided that he is otherwise eligible for the permit, apply for and be issued a firearms permit notwithstanding the fact that he is not domiciled in Georgia.

Your fourth question concerns the residency requirements for an active duty military applicant. Under the plain language of the statute, a member of the armed services may, if otherwise eligible, obtain a permit if he resides in the county of application or on a military reservation located in whole or in part in that county at the time of application.

Fifth, you inquire regarding the eligibility of a spouse for a permit. As noted supra, military personnel (and their dependents) are generally not residents of Georgia and thus the dependents are not eligible for the permits. See 1976 Op. Att'y Gen. U76-71. However, this is not an ironclad rule; a member of the armed services may choose to establish a domicile in Georgia and, if this is done, the member's dependents would be eligible for a permit if otherwise qualified. In making a determination of residency, the Probate Judge should consider such factors as payment of Georgia income or property taxes, place of residence, registration to vote, registration of automobiles, whether the dependent is licensed to drive by this state, and other similar factors. See, e.g., 1981 Op. Att'y Gen. U81-26. If satisfied that the dependent has established residency in this state, the Court may consider the application for a firearms permit.

Finally, you have inquired about the scope of the exemption from the concealed weapon, public gathering, school zone, and license provisions applicable to full-time peace officers. Peace officers are exempted from these provisions by O.C.G.A. § 16-11-130(a)(1). The scope of the exemption is the same as that for active duty military personnel. Thus, it is my unofficial opinion that the exemption for peace officers is not limited to their duty hours.

In sum, it is my unofficial opinion that active duty military personnel are exempt from the requirement of a firearms license. The exemption is not limited to military activity on the military reservation. Although not domiciled in this state, active duty military personnel may nevertheless obtain a firearms license if they are otherwise qualified. Dependents of military personnel are not eligible for a firearms license unless the Probate Judge first determines that they have established domicile in that county. Full-time peace officers are entitled to the same exemption as are active duty military personnel.

Prepared by:

NEAL B. CHILDERS
Senior Assistant Attorney General

mcsap

11-29-07, 02:12 AM

Interesting.

PA does not make such an allowance.

I am not in favor of a person in the military being exempt simply because they are in the military. Most military members were trained on a rifle , not a handgun. Most don't carry a weapon in the daily performance of their duties. Few are involved in any kind of regular LE duties.

As much as I respect the military members ( I was active duty 4 years and in the National Guard for 3 yrs) , I would not be in favor of a blanket exemption.

I would be in favor of them getting the permit for a discount or for free.

I thnik that if you qualify to get a CCW, get one.

Plazoo

11-29-07, 09:45 AM

It's been a while since I my Reserve days, but if I remember right, in my state (Washington) I believe it was legal for service members to conceal carry but only while enroute from their home to their duty station and back.

Things may have changed since then, though.

But as far as being excempt all the time....no.

phantasm

11-29-07, 11:05 PM

2U-hbzigUqc

MP_Steve

11-30-07, 02:38 AM

Does this exemption in GA only apply to Active Duty, as in serving full-time?

I would be interested to know how they would determine if you are active duty or reserve. Uniformed Services ID cards no longer say if you are Active, Reserve, National Guard, AGR, or what-have-you. Only service affiliation.

Norm357

11-30-07, 02:53 AM

Active duty, Guard and Reserve, and State Defense Force.

GA basicly excempts anyone that works for the Government. My favorite, Court Clerks are exempt from the CCW laws.:D

cntryboy0531

11-30-07, 09:07 AM

Not exempt in Florida. If you are active duty and are in performance of your duties, you can carry openly, but that's it.

ngcsubutterbar

11-30-07, 09:11 AM

Of course for those people not exempt, GA has the most places off limits than any other state, including California. :D ;)

Wolfman

11-30-07, 02:16 PM

... I am not in favor of a person in the military being exempt simply because they are in the military... ...Most don't carry a weapon in the daily performance of their duties.... Few are involved in any kind of regular LE duties.

I would be in favor of them getting the permit for a discount or for free.

I concur with mcsap on this one. Though quiete a few military folks are responsible enough not to get stupid with this - there are a LOT more who would end up in trouble doing this. I think give them the CCW for a discount or for free.

ngcsubutterbar

11-30-07, 07:46 PM

Maybe you guys don't realize that although GA law allows military to carry in places exempt the same as a cop, what isn't obvious is they still have to follow their military rules. If their CO's/ base commanders/etc won't allow it, then they're out of luck.

mcsap

11-30-07, 09:45 PM

So is there any kind of general or known policy on any base regarding this ?

I mean you guys have some decent sized USA and USAF bases there.

And if the CO says NO , can the PD enforce it or is it strictly a UCMJ case ?

ngcsubutterbar

11-30-07, 09:54 PM

My understanding is barring anything else against him, it would be up to the UCMJ and the rest of the military policies to deal with him carrying.

However, like anything; some people make mistakes. That can include officers. I myself was ran up against that locally. They thought they knew the laws regarding CC in GA but they didn't.

BP348

11-30-07, 09:59 PM

Interesting.

PA does not make such an allowance.

I am not in favor of a person in the military being exempt simply because they are in the military. Most military members were trained on a rifle , not a handgun. Most don't carry a weapon in the daily performance of their duties. Few are involved in any kind of regular LE duties.

As much as I respect the military members ( I was active duty 4 years and in the National Guard for 3 yrs) , I would not be in favor of a blanket exemption.

I would be in favor of them getting the permit for a discount or for free.

I thnik that if you qualify to get a CCW, get one.

I agree with MCASP & I was 7 years LEO with USAF and carried a handgun everyday. Of course we had to turn in our handgun to the armory everyday at the end of our shift.

After reading the reports about how many gang members there are now in the military I'm in no way in favor of a blanket exemption.

richcecil

12-01-07, 11:36 AM

I agree with MCASP & I was 7 years LEO with USAF and carried a handgun everyday. Of course we had to turn in our handgun to the armory everyday at the end of our shift.

After reading the reports about how many gang members there are now in the military I'm in no way in favor of a blanket exemption.

I watched a A&E special on the Latin Kings, what surprised me was they showed a meeting of several members, right in the front were several members in USMC and Navy uniforms! Here at the Pentagon we are finding Gang graffitti in the bathrooms.

bhanson

12-01-07, 12:11 PM

Missouri also allows Military on "Official Duty" to carry concealed.

RSMO 571.030

2. Subdivisions (1), (3), (4), (6), (7), (8), (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following:

(3) Members of the armed forces or national guard while performing their official duty;

Ronnin

12-01-07, 03:23 PM

I'm kinda split on the CCW for Military thing, I think for the USCG if you do LE and you are a qualified BTM/BTO (boarding team member/officer) it should be allowed due to the fact that you perform LE on almost a daily basis, and ya never know in certain cities. Though i also know most CO's would NOT allow it.

For the guy whom asked about if it was allowed but CO said no, Most likely the local PD's would be notified. And they could not be charged in the "civilian courts" though they would/could be charged under the UCMJ, since they broke no civilian laws, just Military laws.

Do have a good story though, We had 5 of us in a Excursion GV (Gov. Vehicle) marked with "Department of Homeland Security"/"United States Coast Guard" on both sides. it was 1am, we were In full uniform, including armor, duty belts, hand-guns, and had shot guns in the back. We get pulled over for going 10 over, cop asked for the drivers information, and asked him to step out of the car, when he stepped out the cop drew his gun and asked the LT to put his hands on his head, was VERY VERY funny, i don't think the cop understood whom we were and where we were going lol.
My LT just stated "I am a commisioned officer in the USCG, I am enroute to a destination on an official Federal Law Enforcement duty and i will not surrender my firearm, now can we pelase get this going we're running late", cop apolagized for it, was good times. Thankfully we have light bars on the Excursions now.....though he still got a ticket, still make fun of him...it's damn hard to get a ticket in a GV most of the time.

Cat_Doc

12-01-07, 11:15 PM

...the cop drew his gun and asked the LT to put his hands on his head..

First thought to go through my mind; that cop was an idiot.

Second thought...I know of an on-duty Maricopa County S.O. deputy that got his camera and film confiscated by Air Force Security Forces for taking photographs of some "strange lights at night" at the Barry Goldwater Gunnery Range. The AF cops were not as stupid as the aforementioned cop. They kept their rifles at port arms while an officer approached the deputy and took his camera.

In case anyone is curious, the Air Force turned the camera, minus the film, over to the deputy’s commander. Yes, the deputy got a letter of reprimand out of the deal. And, no, I do not know what the "fast moving strange lights" were.

mcsap

12-01-07, 11:27 PM

First thought to go through my mind; that cop was an idiot.

And, no, I do not know what the "fast moving strange lights" were.

Yes you do and you are going to tell us :p

cntryboy0531

12-02-07, 02:09 AM

And, no, I do not know what the "fast moving strange lights" were.

You are part of the CONSPIRACY!!!!!!

**jots down notes onto a list and runs away**

Wolfman

12-03-07, 01:27 PM

Yes, the deputy got a letter of reprimand out of the deal. And, no, I do not know what the "fast moving strange lights" were.